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[Cites 1, Cited by 2]

Supreme Court - Daily Orders

Antriksh Developers And Promoters ... vs Kutumb Welfare Society (Regd.) on 4 November, 2022

Bench: M.R. Shah, M.M. Sundresh

     ITEM NO.25                                COURT NO.6                     SECTION XVII-A
                                     S U P R E M E C O U R T O F          I N D I A
                                             RECORD OF PROCEEDINGS

                          SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 31629/2022

     (Arising out of impugned final judgment and order dated 13-06-2022
     in CC No. 28/2021 passed by the National Consumer Disputes
     Redressal Commission, New Delhi)

     ANTRIKSH DEVELOPERS AND PROMOTERS PRIVATE LIMITED
     & ANR.                                                                         Petitioner(s)

                                                          VERSUS

     KUTUMB WELFARE SOCIETY (REGD.) & ANR.                                      Respondent(s)

     (IA   No.157016/2022-CONDONATION  OF   DELAY   IN  FILING   and   IA
     No.157017/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

     Date : 04-11-2022 This petition was called on for hearing today.

     CORAM :                  HON'BLE MR. JUSTICE M.R. SHAH
                              HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)                      Ms. Vanshaja Shukla, AOR
                                            Mr. Aakash Nandolia, Adv.
                                            Mr. Sajal Singhai, Adv.
     For Respondent(s)
               UPON hearing the counsel the Court made the following
                                  O R D E R

Delay condoned.

It is not in dispute that the written statement was filed beyond the period of 45 days. The period of limitation to file is 30 days which can be condoned up to 15 days only.

As observed and held by this Court in the case of New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage (P) Ltd. (2020) 5 SCC 757, the Tribunal has no jurisdiction to condone the delay beyond the prescribed period mentioned in the Statute.

In that view of the matter, it cannot be said that the National Consumer Disputes Redressal Commission has committed any error in refusing to condone the delay which was beyond 45 days.

Signature Not Verified The present Special Leave Petition stands dismissed. Digitally signed by NIRMALA NEGI Date: 2022.11.07 16:59:31 IST

Pending application stands disposed of.

Reason:
     (R. NATARAJAN)                                                         (NISHA TRIPATHI)
     ASTT. REGISTRAR-cum-PS                                               ASSISTANT REGISTRAR